42 TINSLEY v. RUSK Co. [Tyler Term,
Opinion of the court,
Rusk county in the sum of about twenty-nine hundred
dollars; that after the examination the books and rolls,
&c., were taken by McCammon and his deputies, to all
which the defendants objected, on the ground that it was
an attempt to supply by parol evidence what appeared to
be a matter of record. Kilgore further stated that he obtained
his information from evidence furnished by defendant
and his deputies; that they admitted a collection of
$840 occupation, income, and salary tax at the time of
the settlement. It was shown that a subpoena drces tecemn
had been served on McCammon prior to the trial, requiring
the production of the books, rolls, &c., used in the
attempted settlement, at which Kilgore was present.
There was a verdict and judgment against McCammol,
the collector, for $858.37, and against McCammon and
his securities for $3,806, from which the securities appealed.
Casey & Blanton and N. G. .Bagley, for appellants.
No brief for appellee has reached: reporters.
DEVINE, ASSOCIATE JUSTICE.-John C. McCammon was
sued as principal and appellants as the sureties on McCammon's
bond as assessor and collector of taxes for the county
of Rusk during the years 1868, 1869, and 1870. The petition
charged as breaches of the bond, his failure to account
for and pay over to the treasurer of Rusk county the sum
of nineteen dollars ($19.86) of the taxes collected by him
during the year 1868, with a like failure to account for and
pay over the further sum of twelve hundred and forty-two
dollars ($1,242) of the taxes of said county, collected by
him during the year 1869, and a failure to account or pay
over, in 1870, the sum of sixteen hundred and thirty dollars
($1,630.51) of the county taxes, collected by him for and
during the year 1870, making in the aggregate the sum
of two thousand eight hundred and ninety-three dollars
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed December 11, 2013.